§ 1 Governed relationship
Trade between fan4z [fanforce] - merchandising (hereinafter "fan4z") and the customer is governed solely by the terms and conditions as set out hereinafter.
§ 2 Conclusion of agreement
Your order serves as a binding offer from you to fan4z asking for conclusion of a buying agreement. You are bound to this offer for 14 days beginning with our receipt of your offer. Our online order service is for final customers (consumers) only and especially not for commercial traders or other commercial users. With submission of your order you guarantee, that you order goods as a consumer for private purposes only. If you place an order with us, we will send you an e-mail confirming and stating the details of your order. A binding agreement will only be constituted by an e-mail, confirming acceptance of your offer or by shipping the ordered goods out to you. The e-mail of a payment service stating that you have successfully paid for the goods ordered shall be deemed sufficient for this purpose. Goods not listed in such an e-mail, confirming acceptance of your offer or not send out to you are not subject to the agreement. In case you are not ordering as a consumer, the e-mail confirming acceptance of your offer or the sending of goods is deemed to be no acceptance of your offer. The agreement will be between you and fan4z.
fan4z retains the right to withdraw from the agreement in case the ordered goods are not on stock. In this case fan4z will notify you, that the goods ordered cannot be delivered and will pay back any amount already paid without delay.
You cannot transfer any of your claims under the agreement to any third party.
§ 3 Delivery
Unless otherweise agreed, we ship from our warehouse to the address given by you after you paid us in full, but the earliest on the release date given. Shipping dates are non binding, unless explictely confirmed as binding by us. fan4z is free to pick a shipping service of its choice. Shipping is only available to the countries named. If you gave a shipping address in a non EU country, you might have to pay additional custom duties and/or import taxes and/or othe monies, depending on the country you chose. These additional charges have to be paid by you fully and are not part of our service.
We are not responsible for reshipment in case you gave us insufficient address data. In such a case it is up to you to decide whether you still want the shipment (then you have to transfer another amount of money for the second shipment) or you want your money back (then we retransfer your payment minus the paid shipping charges of the returned shipment).
§ 4 Payment
You can pay either by transfer to our bank account or by using PayPal oder your Credit Card. fan4z is entitled to an interest rate of 5% above European Centralbank´s basic rate in case of your delay. If fan4z can prove a higher damage because of your delay, fan4z is entitled to this damage as well.
§ 5 Set-off and hold back
You are only entitled to set-off any monies, if your counter claims are settled by a competent court of jurisdiction. You are only entitled to hold back any monies against any claims being subject to the same contractual relationship.
§ 6 Reservation of proprietary rights
Any goods delivered remain property of fan4z until the agreed price is paid in full.
§ 7 Defects and other liability
Defects are subject to applicable law. fan4z is liable without limitations for any damages of life, body or health, or for damages based on the violation of any essential duties under the agreement, based on intent or negligence of fan4z, its legal representative or its assistans. fan4z is fully liable in accordance with the Produkthaftungsgesetz. Moreover fan4z is liable for other damages based on any other violation of duties based on intent or gross negligence of fan4z, its legal representative or its assistant. In case of violation of essential duties under the agreement based on simple negligence of fan4z, its legal representative or its assistant and in any and all other cases not mentioned above, the liability of fan4z is restricted to any typical and expectable damages. To the extent, that the liabilty of fan4z is restricted, this is valid for the personal liability of its legal representative, its assistants and employees.
§ 8 Revocation
If you execute your right of revocation, you will have to pay the regular costs for returning goods in case the total amount for the goods ordered is up to EURO 40,00 or in case of a higher total amount if you have still not paid in full the agreed price at the date of revocation. This only applies in case the goods delivered are indeed the goods ordered.
§ 9 Applicable law
German law under exclusion of UN-law concerning the sale of goods is applicable. German courts shall have exclusive jurisdiction.
Right of revocation
You can revoce your offer within two weeks without giving any reason by sending a text (e.g. letter, fax, e-mail). The term starts with receipt of this instructions the earliest. For revocation in time it is sufficient to send the text within the two weeks period.
The revocation has to be send to:
fan4z [fanforce] - merchandising („fan4z“)
Falkensteinstrasse 201
46047 Oberhausen
Germany
Legal representative: Jörg Seidel
Fax: +49 (208) 8690-697
e-Mail: info@fan4z.de
Your right of revocation does not exist in case of delivery of sound- or videorecordings, if you have unsealed the data carrier delivered.
Results of revocation:
In case of a valid execution of your right of revocation, both parties have to return the money respectively the goods and have to pay out any utilization (eg. interest). If you can´t return the goods or if you can only return the goods in part or in an impaired condition, you have to pay us compensation. Any obligation to pay us back has to be fullfilled within 30 days after you sending the revocation.
You will have to pay the regular costs for returning goods in case the total amount for the goods ordered is up to EURO 40,00 or in case of a higher total amount with you having still not paid in full the agreed price on the date of revocation. This only applies in case the goods delivered are indeed the goods ordered. In any other case the return of goods is at no cost for you.
Your contracting party is
fan4z [fanforce] - merchandising („fan4z“)
Falkensteinstrasse 201
46047 Oberhausen
Germany
Legal representative: Jörg Seidel
You can raise complaints at the address above. You can as well contact us via:
Fax: +49 (208) 8690-697
e-Mail: info@fan4z.de
Defects are subject to German law with the restrictions agreed upon in the terms and conditions of sale. Your order serves as a binding offer from you to us asking for closure a buying agreement. You are bound to this offer for 14 days beginning with our receipt of your offer. A binding agreement will only be concluded by an e-mail which confirms acceptance of your offer or by sending the ordered goods out to you. You can pay either by transfer to our bank account, by Credit Card or by using PayPal. Additional costs will occur to you for the standard dial up and connection to the internet. If you let ship goods to a non EU country you might have to pay addtional custom duties and/or import taxes and/or other monies, subject to the country chosen by you. You will receive an e-mail stating the agreement with the main points agreed upon, which can be saved in your e-mail software. fan4z will save this e-mail as well. The agreement can be concluded in German and English language. You can correct faulty information online directly in the orderform using your keyboard.
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